Mark practices in the firm's General Commercial Litigation group where he specializes in pricing and commercial cases. Most recently, Mark has represented individuals and private and public companies in price discrimination litigation, check fraud and embezzlement matters and other issues arising under the U.C.C. He has also been involved in reviewing client proposals for solar wind-powered and natural gas-fired power plants, landfills and other permitted projects throughout the country, and advising them on permitting and regulatory compliance as well as compliance with local laws.
Mark has over 20 years of experience litigating in federal and state courts and before arbitration panels. He has served as trial counsel in over 25 cases, which have included price fixing and market allocation defense as well as business tort, land use, permitting, public contract and environmental litigation.
Representative Experience
· Represented franchised dealers in federal and state court lawsuits involving violations of the U.C.C. and state price discrimination statutes. Resulted in favorable settlements for our clients.
· Defended a community bank against allegations that it wrongfully honored checks payable from a convicted Ponzi-schemer's checking account. Resulted in a favorable settlement for our client.
· Defended a copier distributor in a customer lawsuit seeking to void a lease under the U.C.C. Resulted in favorable settlement for client.
· Defending a commercial real estate seller in arbitration involving allegations of fraud in the inducement.
Memberships
· American Bar Association, Pricing Conduct Committee
Recent Speaking Engagement
· "Overview on State Price Discrimination Statutes," ABA Pricing Conduct Committee Town Hall (June 20, 2011)
Memberships & Bar Associations
Alabama State Bar
American Bar Association Member, Antitrust Section Member, Torts and Insurance Practice Section
Birmingham Bar Association
State Bar of Georgia
Publications and Articles
· "Audi of Smithtown, Inc. v. Volkswagen Group of America, Inc. and the New York Dealer Act," The Price Point, Fall 2011 (co-author Devin C. Dolive)
· "State Price Discrimination Statutes," ABA Price Discrimination Handbook, forthcoming 2012 (co-author Devin C. Dolive)
· "State Motor Fuel Marketing Acts: Potential Traps for Unwary Antitrust Practitioners?" The Price Point, Winter 2009 (co-author Devin C. Dolive)
· "Geographic Market Definition in Secondary-Line Price Discrimination Cases," The Price Point, Fall 2009 (co-author Devin C. Dolive)